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Attorneys argued before the Sixth Circuit Court of Appeals on March 17th in the case of Tennessee and North Carolina vs the FCC. The attorneys presented their arguments before the court as it considered the FCC's decision to peel back state barriers that prevent local authority to expand munis.

A little over a year ago, the FCC struck down state barriers in Tennessee and North Carolina limiting expansion of publicly own networks. Soon after, both states filed appeals and the cases were combined.

You can listen to the entire oral argument below - a little less than 43 minutes - which includes presentations from both sides and vigorous questions from the Judges.

To review other resources from the case, be sure to check out the other resources, available here, including party and amicus briefs.

This Thursday, March 17th, attorneys for the FCC and the states of Tennessee and North Carolina will present arguments to the Sixth Circuit Court of Appeals on a case that could define parameters for publicly owned Internet networks. The proceedings begin at 9 a.m. eastern. Each side has 15 minutes to present.

As we reported a year ago, the FCC ruled that state barriers in Tennessee and North Carolina limiting expansion of publicly own networks are too restrictive and threaten the U.S. goal of expanding ubiquitous access. The FCC overruled the harmful state laws but soon after, both states filed appeals.

The cases were consolidated in the Sixth Circuit and a number of organizations, including ILSR, offered Amicus briefs. We have collected all the briefs and made them available for you here. As most of our readers will recall, the case focused on Chattanooga and Wilson, two communities that know the many benefits of publicly owned networks.

So, when you raise your glass of green beer on Thursday to celebrate St. Paddy's, send some luck to our friends in Wilson, Chattanooga, and the FCC!

This fact sheet emphasizes the deepening divide between urban and rural connectivity. The fact sheet can help explain why people who live in the country need services better than DSL or dial-up. This tool helps visualize the bleak situation in rural North Carolina and offers links to resources.

Rural North Carolina is one of the most beautiful places in the country but also one of the most poorly served by big Internet access providers. The gap between urban and rural connectivity is growing wider as large corporate providers choose to concentrate their investments on a small number of urban areas, even though 80 percent of North Carolina's counties are rural.

To add insult to injury, North Carolina is one of the remaining states with barriers on the books that effectively prohibit local communities from making decisioins about fiber infrastructure investment. CLIC-NC and ILSR encourage you to use the fact sheet to help others understand the critical need for local authority.

North Carolina is increasingly split between those in urban areas, where some private sector providers are investing in next-generation gigabit networks, and rural areas where the big providers have no plans to invest in modern networks. But coming out of Wilkes County, a cooperative ISP called Wilkes Communications and River Street Networks is taking fiber where the big companies won't.

This week, Wilkes Communications and River Street Networks President & CEO Eric Cramer joins us for Community Broadband Bits episode 188 to discuss their approach, history, and plans for keeping rural communities well connected. They offer gigabit fiber, telephone, and cable television services.

Wilkes has already upgraded all of its original 8800 member-owners from copper to fiber, with some help from the broadband stimulus programs to reach the costliest areas. It is now expanding to nearby areas and has overbuilt the population center of the county after CenturyLink continued plugging away with last century solutions.

Coops like Wilkes are especially important as North Carolina's Legislature has created barriers to prevent municipal networks like Wilson (coverage here) from serving their rural neighbors.

The Coalition for Local Internet Choice (CLIC) has its first local chapter with the formation of CLIC-NC. Catharine Rice, who is both part of CLIC-NC and the Project Director for CLIC, explains what is happening on episode 184 of the Community Broadband Bits Podcast.

We remind listeners what CLIC is and the goals of CLIC-NC more specifically. We also discuss the interesting comments of NC Attorney General Roy Cooper, who is both challenging the FCC's authority to remove North Carolina's anti-muni law and supportive of removing the law via the state legislature.

Catharine has long been involved in the effort for Local Internet Choice and put up an incredibly strong fight to stop anti-competition bills advanced by Time Warner Cable, AT&T, and others over multiple years in North Carolina. She was the guest on our 5th episode of this show.

Thanks to a new interlocal agreement, the City of Wilson, North Carolina will soon expand its Greenlight community broadband network to the nearby Town of Pinetops. Officials expect to complete the expansion of the gigabit fiber network by April 2016. Pinetops, a town of 1,300, is less than 20 miles from Wilson, population 50,000.

We’re Waiting...

For Brenda Harrell, Pinetops Interim Town Manager, the agreement has been a long time coming after years of frustration over their limited broadband access options.

“Current providers haven’t made significant upgrades to our broadband service through the years,” “They haven’t found us worth the investment. Through this partnership with Greenlight and our neighbors in Wilson, we are able to meet a critical need for our residents.”

As far back as 2010, city leaders in Wilson were in negotiations with Pinetops officials on a proposal to expand the Greenlight network to reach Pinetops. But those negotiations reached an impasse in 2011 when the State of North Carolina passed H129. Since then, officials in Wilson and in surrounding communities have been waiting for a time when Wilson could extend their the Greenlight network footprint.

The new agreement became possible in the wake of the FCC decision in February to overturn North Carolina’s anti-muni HB 129, allowing North Carolina communities to start considering the option to build their own broadband networks or expand on existing networks. While the state has appealed that decision in hopes of preserving the law, this agreement indicates Wilson officials are looking confidently ahead with the expectation that the state’s appeal will fail.

Looking Back, and to the Future

Last November, when the New York Times wrote about the fight in communities around the nation for the right to build and expand community broadband networks, they talked to Gregory Bethea, the now retired town manager of Pinetops, North Carolina:

The State of North Carolina is currently awaiting a decision from the U.S. Sixth Circuit Court of Appeals as the court considers the FCC's February decision to roll back state barriers. North Carolina Attorney General Roy Cooper's office is heading up the state's appeal, but is his heart in it?

Cooper is running for governor and, in a recent interview, expressed his views about H129, the focus of the appeal in North Carolina [emphasis ours]:

The Legislature has passed a lot of bad laws, but it is the job of the attorney general to defend state laws...And I wish the governor and the General Assembly would stop passing so many bad laws that create litigation. We’ve seen that in many instances. This is another situation where the attorney general’s office is duty bound to defend state law.

"Bad law" accurately describes H129, which is the reason why the FCC rolled it back in February. Perhaps Cooper's candid comment suggests that, if he one day becomes Governor, he will work with his colleagues in the state legislature to repeal it.

Rather than having to contend with this type of "bad law," local communities need the authority to make their own telecommunications decisions. After all, local folks are the ones that live with the results.

Gigabit Internet access will soon be reaching more residents in Westminster. The high-speed municipal fiber-to-the-home (FTTH) network in Maryland will soon add more than 2,000 new homes to the network map.

The Incredible Expanding Network

The network is a product of a public-private partnership with telecommunications company Ting. The expansion provides more evidence of the continuing success of the network in this city of just under 19,000 people about 35 miles northwest of Baltimore.

City Manager of the Ting project, Valerie Bortz, recently said of the network "we are super busy and happy with our progress.” In October 2015, the city released an RFP calling for bids from contractors to provide maintenance on the expanding network - more proof of the city's commitment to ensure the network’s growth and success.

More Money, More Fiber

The Phase 2 expansion was made possible by a $21 million general obligation bond agreement with SunTrust Bank, approved at a September City Council meeting. According to Common Council President Robert Wack, the bank’s willingness to buy the bonds came in part as a result of the proven high demand for fast, reliable, affordable,...

The Tri-Gig High Speed Broadband Initiative, an effort by communities and universities within Greensboro's Piedmont Triad Region, recently announced plans to release an RFP in an effort to improve regional connectivity.

According to the News & Record, the partners are searching for a partner equipped to develop, operate, and provide Internet services over a new open access network. Hemant Desai, Chief Information Officer for Guilford County, hopes the project will spur innovative ideas from the private sector:

The goal of this project is not to restrict but enhance the deployment. Let them come back to us and say, ‘Here’s what we’ll provide you if you provide this to us.’

The project is a joint effort of the City of Greensboro, Guilford County, the City of High Point, the City of Burlington, North Carolina A&T State University, the University of North Carolina-Greensboro, and the Piedmont Triad Regional Council. Collectively, these entities have a population of nearly 700,000 people.

A Strong Foundation

A network of this scope and scale was not envisioned by Greensboro officials when they spent $24 million to build a fiber-based communication system several years ago. At that time, the goal was to update the communication infrastructure for the city’s traffic signal equipment. In 2008 Greensboro began building its award-winning Intelligent Traffic System (ITS) comprised of 120 miles of fiber optic cables and other essential modern traffic technologies. Guilford County, High Point, Burlington, UNC-Greensboro, and North Carolina A&T all have similar traffic systems.

An ITS provides significant public safety benefits over traditional traffic communication systems. For example, the system in Greensboro controls over 450 intersections and enables sensors to turn traffic lights green for fast-moving emergency vehicles, making the roads safer for everyone while facilitating faster attention to crisis situations.

As the Sixth Circuit Court of Appeals considers the FCC's decision to roll back Tennessee and North Carolina anti-muni laws, elected officials opposed to local authority are mounting an assault to head off possible enabling legislation. Their first target is the House of Representatives.

Poison Pens

South Carolina Governor Nikki Haley, North Carolina Attorney General Roy Cooper, Tennessee Attorney General Herbert Slattery, Tennessee Governor Bill Haslam, and Alabama Attorney General Luther Strange all sent letters to the Chairman of the House Energy & Commerce Committee, Fred Upton (R-MI). Their letters express derision at the thought of allowing local communities the ability to make decisions for themselves when it comes to ensuring local businesses and residents have the Internet access they need.

Communities with publicly owned networks such as Chattanooga, Tennessee, and Wilson, North Carolina, have prospered compared to those relying only on the large incumbent cable and telephone companies like Comcast and AT&T. Data suggest access to publicly owned networks contribute to local prosperity. Nevertheless, these elected officials have chosen to support big ISPs rather than their own constituents.

Elected Officials Protecting Campaign Interests

When the FCC released its Opinion and Order scaling back state restrictions in Tennessee and North Carolina, legislators backed by ISP powerhouses took up arms. They introduced bills, wrote editorials, and delivered speeches that put profits of AT&T and Comcast before the rights of Tennesseans and North Carolinians to have fast, affordable, reliable Internet access.

Tennessee Governor Haslam and North Carolina AG Roy Cooper each filed an appeal, to reverse the FCC's decision and keep the laws limiting...

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Another aspect of RUC’s community focus is the fact that it provides customers with two local TV channels, in contrast to Charter, which offers none. In the wake of a Wisconsin law that removed requirements that cable operators provide financial support for PEG (public, educational and government) access channels, Rice says RUC is working on plans to continue operating its local channels, to make them more attractive and, in doing so, to further differentiate its service from Charter’s in terms of being responsive to the local community.